, 2005-11-14
Last month I wrote about a dispute between the Federal Trade Commission and a spyware distributor where the FTC alleged that an End User License Agreement, which essentially told downloaders that they were downloading spyware, was a false and deceptive trade practice. Two events cause me to revisit this issue. First, the FTC has gone after another spyware distributor, and second, Sony Corporation has caused the surreptitious installation of a rootkit-type program to enforce its digital rights management on its music CDs, claiming authority to do so under an End User License Agreement.
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Sony's legal issues
2005-11-15
Anonymous (2 replies)
Anonymous (2 replies)
Sony's legal issues
2005-11-16
Steve (1 replies)
Steve (1 replies)
But what are the consumer's remedies?
2005-11-17
HavaCuppaJoe (2 replies)
HavaCuppaJoe (2 replies)
"and that you can't change, alter, or make derivative works from the music on your computer - all things you ordinarily could do under copyright law"
Are you sure about this? What about all the late 80s/early 90s lawsuits against certain musicians who had 'sampled' other musicians work or more recent cases such as that found here:
http://laws.lp.findlaw.com/6th/035738.html
In order to create a derivative work (which 'sampling' comes under), you need a license from the original owner of the copyright recording. This normally takes the form of a one-off payment or more usually a percentage of royalties based on sales. Where such a licence has not been agreed in advance, and the artist or their record company notices, it is likely that court proceedings will commence in order to gain compensation.
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